Exempts honorably discharged military veterans, their widow or spouse, and eligible Gold Star parents in state veterans homes or adult day care at a state veterans home from requirements to enroll in a medicaid managed care plan or a medicaid long term care plan.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8917A
TITLE OF BILL: An act to amend the military law and the public health
law, in relation to enacting the "veterans long-term care access act"
PURPOSE: The bill will ensure that individuals eligible for admission
to New York State Veterans Homes and who are eligible to receive bene-
fits under the Medicaid program, maintain the right to receive skilled
nursing care or medical model Adult Day Health Care at any of the five
State Veterans Homes located in New York State.
SUMMARY OF PROVISIONS:
Section one amends the military law by adding a new section 235-b, Medi-
caid eligibility for veterans in state veterans homes. Under this
section, no honorably discharged military veteran, their spouse or
widow, or the Gold Star parent of such veteran, shall be required to
enroll in a Medicaid managed care plan or a Medicaid long term care plan
if he or she is accepted for admission into a state veterans home or
enrolled in a medical model adult day health care program at a state
Section two amends the public health law by adding a new section 2636,
reimbursement for services rendered. Under this section, a state veter-
ans home providing long term nursing home care, medical model adult day
health care programs or any other services to an honorably discharged
military veteran, their spouse or widow, or to the Gold Star parent of
such veteran shall continue to be paid for its services pursuant to the
fee for service schedules in effect for Medicaid long term care on, the
dates of services rendered.
Section three sets the effective date.
JUSTIFICATION: New York State is currently converting from a tradi-
tional fee-for-service reimbursement model to a Medicaid managed care
system for Medicaid recipients requiring long term care. Under Medicaid
managed care, veteran Medicaid enrollees may be directed to non-state
veterans homes because state veterans homes may be unable to obtain or
maintain contacts with certain managed care organizations. As a result,
many New York State veterans could be denied access to long term care
services at state veterans homes, a benefit they earned through honor-
able military service to the nation.
Veterans who choose to reside in any of the five state veterans heroes
have greater access to additional programs and services of by the United
States Department of Veterans Affairs, including the United States
Department of Veterans Affairs per diem, enhanced aids and attendance,
service connected disabled veterans full cost of care benefits, telemed-
icine care, motorized wheelchairs, durable medical equipment, orthotics
and prosthetics, other assistive devices, and home adaptive modifica-
tions. State veterans home personnel are uniquely qualified to both
assess these required services and to access these services for New York
State's veteran population,
This legislation would ensure that New York State maintains the tradi-
tional fee-for-service reimbursement model for its five state veterans
homes. This bill will guarantee that New York's honorably discharged
veterans, their spouses and widows, and Gold Star parents who qualify
for Medicaid, will continue to receive all of their enhanced benefits
and the high quality of care that they deserve.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
February 28, 2014
Introduced by M. of A. SCHIMEL, BENEDETTO, ENGLEBRIGHT, CUSICK,
BROOK-KRASNY, MILLER, MOSLEY, SIMANOWITZ, THIELE, TITONE, ZEBROWSKI,
LAVINE, SCARBOROUGH, WEISENBERG, CURRAN, FITZPATRICK, LUPINACCI, McDO-
NOUGH, McKEVITT, MONTESANO, RAIA, CLARK, GUNTHER, OTIS, ABBATE, MAYER,
FINCH, RUSSELL, GRAF, KATZ, PERRY, KEARNS, SALADINO, COLTON, SEPULVE-
DA, BRINDISI, HEVESI, HOOPER, SKARTADOS, SANTABARBARA, WEPRIN, ABINAN-
TI, AUBRY, PAULIN, CYMBROWITZ, JAFFEE, HENNESSEY, CERETTO, RA, KOLB,
P. LOPEZ, WALTER -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY,
BORELLI, BRAUNSTEIN, CAMARA, COOK, CROUCH, DINOWITZ, DiPIETRO, DUPREY,
GALEF, GARBARINO, GIGLIO, GLICK, HAWLEY, JACOBS, LENTOL, LUPARDO,
MAGEE, McLAUGHLIN, NOLAN, PALMESANO, RAMOS, RIVERA, ROBERTS, STEC,
STECK, SWEENEY -- read once and referred to the Committee on Health --
reported and referred to the Committee on Ways and Means -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the military law and the public health law, in relation
to enacting the "veterans long-term care access act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "veterans
2 long-term care access act".
3 § 2. The military law is amended by adding a new section 235-b to read
4 as follows:
5 § 235-b. Medicaid eligibility for veterans in state veterans homes.
6 Notwithstanding any law, rule or regulation to the contrary, no honor-
7 ably discharged military veteran, their spouse or widow, or the Gold
8 Star parent of such veteran shall be required to enroll in a medicaid
9 managed care plan or a medicaid long term care plan if he or she is
10 accepted for admission into a state veterans home or enrolled in a
11 medical model adult day health care program at a state veterans home.
12 Such honorably discharged veteran, their spouse or widow, or Gold Star
13 parent shall not be subject to the requirements of any plan of transi-
14 tion of nursing home populations into any managed care programs other-
15 wise adopted and approved by the department.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8917--A 2
1 § 3. The public health law is amended by adding a new section 2636 to
2 read as follows:
3 § 2636. Reimbursement for services rendered. A state veterans home
4 providing long term nursing home care, medical model adult day health
5 care programs or any other services to an honorably discharged military
6 veteran, their spouse or widow, or the Gold Star parent of such veteran
7 shall continue to be paid for its services pursuant to the fee for
8 service schedules in effect for medicaid long term care on the dates of
9 services rendered, notwithstanding any other formula for the payment of
10 long term care adopted by the department or by any managed care organ-
11 ization, medicaid managed care plan, or medicaid managed long term care
13 § 4. This act shall take effect immediately.